Loading...
HomeMy WebLinkAbout2005 11-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 14, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /;City Engineer Todd Blomstromn, Police Chief Scott Bechthold, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, and Deputy City Clerk Camille Yungerberg. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the Council. Informal Open Forum closed at 6:47 p.m. 2. INVOCATION Mayor Kragness offered a prayer for the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, and Deputy City Clerk Camille Yungerberg. 11/14/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she would like to draw the Council's attention to the October 2005 Economic Impact Analysis of the Reliever Airport System distributed by the Metropolitan Airports Commission. She stated the Crystal Airport contributes a total economic activity of $19.3 million to the Twin City economic area, along with 200 jobs. She stated the report is now available on the Metropolitan Airport Commission website or people can contact her for a copy. She stated she will present information on the Shingle Creek Watershed district later in the meeting. Councilmember Carmody reported attending the Shingle Creek and West Mississippi Watershed meeting last Thursday. She also expressed thanks to Director of Public Works and City Engineer, Todd Blomstrom for helping a friend's son with the job shadowing of a Civil Engineer. a Councilmember Lasman reported attending a Peacemaker Charity Ball at the Brookdale Mall on October 30, 2005. She stated the ball was a wonderful event, reminiscent of the past, and hopefully planned again for next year. She also reported that on November 10, 2005, the Brooklyn Center Lioness invited her to attend their meeting and give them a Brooklyn Center update where she provided a reflection on how far we have come in the last ten years and future direction. She also gave a brief update on the response to the September storm. She lastly reported that on November 12, 2005, she attended a production of Miracle Worker at Park Center High School. She encouraged everyone to attend high school productions. Mayor Kragness reported that she also attended the Peacemaker Ball, a fundraiser for the Peacemaker Organization which works with offending youth within our community. She also reported meeting with Keith Lester, the new Brooklyn Center Superintendent of Schools. She stated he was excited to return to Brooklyn Center, however was disappointed at the rejection of the referendum. She further reported that on October 4, 2005, she attended a dinner and kickoff for an all day seminar at the African American Academy where educators attended and learned about African American history. She lastly reported that she attended a luncheon on November 10, 2005, at the North Hennepin Area Chamber of Commerce where the guest speaker, Hennepin County Sheriff Patrick McGowan, spoke about the Hennepin County Sheriff's department. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested tabling Item No. 7a2 Minutes of October 24, 2005— Regular Session from the Consent Agenda for corrections. Councilmember O'Connor requested removal of Item Nos. 7b Licenses and 7c Resolution Approving Change Order No. 1, Improvement Project Nos. 2005 -01, 02, 03 and 04, Contract 2005 -A, Lions Park South Area Neighborhood Street and Utility Improvements from the Consent Agenda. 11/14/05 -2- Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended with th g g e removal of Item Nos. 7b and 7c from the Consent Agenda to Council Consideration Item Nos. 9n and 9o, tabling the minutes of October 24, 2005 — Regular Session, and amendments to the Minutes of October 24, 2005 — Study Session as follows: Page 3, Paragraph 8, replace sentence with the following language: " Councilmember O'Connor said it is a dangerous situation for multi - family complexes and single family homes to be treated differently." The following consent item was approved: 7a. APPROVAL OF MINUTES I. October 24, 2005 — Study Session Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2005 -016 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE TO RECONFIGURE TWO EXISTING LOTS ADDRESSED AS 6800 BROOKLYN BOULEVARD AND 6700 BROOKLYN BOULEVARD. THIS APPLICATION IS A COMPANION APPLICATION TO 2005 -015. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 27, 2005, MEETING City Manager Michael McCauley explained there are two items, one is the Planning Commission application and the resolution approving the disposition of application 2005 -016 and the other is introduction of the ordinance regarding the zoning classification. Planning and Zoning Specialist Ron Warren explained that the purpose of Application No. 2005- 016 is to shift the property line that splits the two lots approximately 75 to 80 feet to the south in order to allow an expansion of the Brookdale Dodge dealership and to conduct a proposed two phase expansion, which is the subject of Application No. 2005 -015. He explained that the purpose of Application No. 2005 -015 is the redevelopment of the Dodge operation and the first phase of the development of the old Ryan property, located to the south. He stated he will proceed with both applications as they are interrelated and approval of one is contingent on the other. He stated a Resolution and Ordinance Amendment is necessary. He stated the Preliminary plat takes into consideration the Ryan properties 6700 and 6800 Brooklyn Boulevard. He stated the shifting of the lot line will allow for a small expansion to the showroom and the service bays to the east of the site. He explained that the Planned Unit Development consideration also addresses remodeling the old Taystee building, which is owned by Luther Company Limited Partnership and currently used as an off site accessory parking facility and storage lot for the Brookdale Honda operation. He stated the plan is to demolish the north end of the building and remodel the old distribution end of the building, turning it into a showroom. He stated a waiver 11/14/05 -3- from the platting requirements is also being requested as part of the Planned Unit Development, so that the lots do not have to be combined into a single lot. He stated the Planning Commission recommends that a decorative fence be installed if the 15 foot greenstrip is not possible. Mayor Kragness asked if the STOP light on Brooklyn Boulevard would be obstructed with the approval of this item. Mr. Warren responded the former property line will be shifted, however access to the sites will remain the same, the accesses being on 69 Avenue North and on Brooklyn Boulevard. Councilmember Carmody asked who is responsible for the environmental clean up of the old Taystee site. Mr. Warren responded the pollution plume migrated to the east. He pointed out a monitoring shack that will need to be kept for some time. He stated Luther has potential interest in acquiring part of the property which is part of the county acquisition for the widening of Brooklyn Boulevard. He explained that they are waiting for the clean up to meet PCA requirements, giving them an option of acquisition. He stated he is not sure who is responsible for the ongoing clean up. He explained that the landscaping will change with elimination of the older buildings, new plans available once the dealership type is determined. Councilmember Niesen inquired as to why there were not any residents speaking on the matter at the Public Hearing and if the were properly notified. Mr. Warren responded that all property Y p p Y p owners within 350 feet around the property were notified including the Northwest Neighborhood Advisory Board. He stated there were some residents present, however they did not comment on the proposal. Councilmember O'Connor inquired as to why ordinances do not allow automobile repairs near residential areas. Mr. Warren responded that such ordinances were established in the 1960s because of the noise and smells associated with automobile repairs. He stated a 35 foot greenstrip will be expanded along the north and east sides of the property. Councilmember O'Connor questioned the amendment to the language in the ordinance. Mr. Warren responded when a property is rezoned, a new legal description is required per City Ordinance. Councilmember O'Connor asked why we have so many ordinances when they can be changed so easily for some businesses. She stated it proves that we could discontinue many of the ordinances we have and treat everyone equally, rather than allowing for a Planned Unit Development, voiding some ordinances. Mr. Warren responded no one is excluded from having their property considered under Planned Unit Development, and the development requirements and restrictions are applied to that party the same way that they would in this case. He stated it is ultimately up to the City Council to deem it appropriate, given the factors and the standards that are outlined in the zoning ordinance. He stated it allows you to take into consideration some of the unique aspects of redevelopment. Councilmember O'Connor asked why it would be appropriate for this automobile repair property to abut to residential properties and not others. Mr. Warren responded if you have a small gas station with automobile repair next door or within 25 -30 feet of a single family home, it might 11/14/05 -4- not be as appropriate. This proposal has a large distance, buffer areas, and screening. i Councilmember Niesen expressed concern of the amount of concrete in the area and asked how far we would let a business keep going towards the vegetation. Mr. Warren responded in order to utilize this parcel, a rezoning is required. If that is part of a Planned Unit Development, the Council has the ability to look at the distance and amount of concrete. He stated the area is zoned R3, therefore all the homes in this area are considered nonconforming. He explained that standards must be met in order to rezone the property and if the Council deems those standards inappropriate, it has the right and responsibility to change them. Councilmember Niesen responded and asked if it matters how much time is between the application and the actual Planning Commission meeting. Mr. Warren responded that the ordinance requires submission of the application of a Planned Unit Development 30 days prior to appearing in front of the Planning Commission. He stated notices must be sent to surrounding property owners, and a legal notice in the newspaper at least two weeks before the Planning Commission considers it. He stated developers are met with well in advance in order to insure all necessary plans and submissions. Councilmember Niesen asked Mr. Warren to point out the greenspace on the property due to the large amount of concrete. Mr. Warren responded by displaying and discussed the landscape plan. He stated the amount of concrete is controlled by things such as watershed requirements. He explained that landscaping requirements are in place; however the Ordinance does not regulate the amount of greenspace. Councilmember Lasman moved and Councilmember O'Connor seconded to approve Planning Commission Application No. 2005 -016 Submitted by The Luther Company Limited Partnership. Request for Preliminary Plat approval to divide and combine to reconfigure two existing lots addressed as 6800 Brooklyn Boulevard and 6700 Brooklyn Boulevard subject to the following conditions recommended by the Planning Commission: 1. The final plan is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2005 -015 4. Appropriate cross access and cross parking agreements between Lot 1, Block 1, Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2nd Addition, as approved by the City Attorney, shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of a shared access easement between the proposed Lots 1 and 2, and Bri Mar 2nd Addition prior to final plat approval. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 11/14/05 -5- 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2, or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2005 -015 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2005 -015 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP. REQUEST FOR REZONING FROM C -2 (COMMERCE) TO PUD /C -2 (PLANNED UNIT DEVELOPMENT /COMMERCE) OF THREE CONTIGUOUS LOTS LOCATED EASTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69TH AVENUE NORTH AND DEVELOPMENT PLAN APPROVAL THROUGH THE PUD PROCESS FOR A TWO PHASE REDEVELOPMENT AND EXPANSION OF THE BROOKDALE DODGE AUTOMOBILE DEALERSHIP AND THE FORMER RYAN OLDS PROPERTY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 27, 2005, MEETING. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -015 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP - RESOLUTION NO. 2005 -156 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -156- Regarding Disposition of Planning Commission Application No. 2005 -015 Submitted by The Luther Company Limited Partnership. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69TH AVENUE NORTH) Councilmember Carmody moved and Councilmember Lasman seconded to approve first reading and set Public Hearing and second reading on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I -94 and 69th Avenue North) for December 12, 2005. Motion passed unanimously. 11/14/05 -6- i 9. COUNCIL CONSIDERATION ITEMS i 9a. REPORT ON MULTI - FAMILY HOUSING OUTREACH PRESENTATION BY CHIEF SCOTT BECHTHOLD Chief of Police Scott Bechthold updated the City Council on the recent Brookdale Mall incident. He stated the following details of the incident: Brookdale Mall hosted a concert together with Radio Disney, with B5 and Everlife performing. The performance was attended by 2,000 -2,500 youths, predominantly young girls between the ages of 12 and 15. When B5 took the stage at approximately 3:00 p.m., the youthful exuberance swept through the crowd and the excitement sent a wave of surge toward the stage. The crowd quickly overcame the security as well as the event staff. The crowd overtook the stage and at that time Sergeant Frank Roth happened to be doing a walk through. He quickly moved towards stage and called for backup. As a result, several officers responded, totaling 70 individual officers, from 23 different northern metro cities. They were able to stabilize the incident in about 15 minutes and eventually clear the mall after 45 minutes, for approximately two hours. There were few injuries and the situation was handled without the use of chemical agents force. There was very little damage in the mall. The cause can be attributed to a lack of planning. The only information the Police Department had prior to the incident was a phone call on Friday at 5:00 p.m. They requested that officers be aware and do an occasional walk through. A post incident review is being conducted. The Brooklyn Center Police Department has not received any phone calls from the public to report a crime or file complaints against any of the officers. Councilmember O'Connor asked if the City or the mall could be sued for any of the five injuries. Chief Bechthold responded it is unclear at this time, however we were not involved in the planning nor did the officers use force to control the incident. Councilmember Lasman asked if the mall anticipated a crowd this large and if there was security between the stage and the crowd. Chief Bechthold responded he is not sure where the security I was placed, however more details may be revealed as the investigation continues. Chief Bechthold presented a PowerPoint presentation on Summer Sweep Wrap -up 2005. The following information was presented and discussed: Total Violations: 12005 12004 2003 1964 1 1083 1 1462 Chief Bechthold explained that the year 2005 has the lowest violations of the three years and the total violations continue to decrease. This decrease is attributed to the efforts of the Police Department. Code Enforcement Violations by Type: Mr. Bechthold displayed the Number of Violations by Type for January 1 St through September 30 for the years 2003, 2004, and 2005. He stated most of the violations are centered on two 11/14/05 -7- main areas, accumulation of rubbish/brush/debris as well as junk furniture and appliances, unlicensed, inoperable vehicles, illegal parking, and storage of vehicles. Councilmember Carmody inquired about the dates shown at the top of the report being January 1 St — September 30 only. Chief Bechthold responded that code enforcement is all year round, however this report is showing the same time period for each year. Code Enforcement Violation Summary: Actions Taken 2005 2004 2003 First Letters 947 1041 1441 Second Letters 208 336 420 Thank You Letters 424 945 1159 Citations /Formal 24 28 24 Complaints Chief Bechthold stated the following details of the Code Enforcement Violation Summary: The main goal is to seek voluntary compliance. When a citation needs to be issued, it is sent to the City Attorney to draft a formal complaint. Once the citation is received by the City Attorney, an aggressive approach and concern for quality of life issues as it pertains to code enforcement are considered. The Attorney systematically processes the complaints and in most cases he will seek one year probation for first time offenders. If the person complies with several parts of mitigation planning, the Attorney will usually let them withdraw the guilty plea after a year, so that it does not remain on their record; as long as they are willing to pay prosecution costs and abate all violations within a reasonable time. Concerns & Issues of 2005 Sweep including: Chronic Properties Chief Bechthold stated the following details of the Chronic Properties: Brooklyn Center has a chronic property list, which means the properties show up year after year or two to three years in a row, these are dealt with more aggressively by the City Attorney. He has more options as far as assessing cost to the property in the event the people refuse to cooperate. One of the problems with the chronic properties is that we will get compliance for one or two years, then eventually complacency sets in and the cycle starts again. Single Family Rentals Chief Bechthold stated the following details of the Single Family Rentals: Brooklyn Center is starting to see an increase and more of unlicensed single family rentals. When this is discovered, it is sent to Community Development for enforcement and compliance in licensing. Parking Issues Chief Bechthold stated the following details of the Parking Issues: Brooklyn Center has seen a surge of parking complaints this year as well as visible observation during code enforcement sweeps. Halfway through the summer, the Police Department started stepping up parking enforcement including everything from overnight parking to parking in front 11/14/05 -8- yards and most recently how many vehicles are allowed on a property. i Parking Citations Issued: 2005 988 (as of 9/30/05) 2004 1043 (entire year) 2003 1017 (entire year) J Councilmember Carmody asked about the growing problem of language barriers in the City. Chief Bechthold responded a cultural liaison is in place, working with a variety of groups and organizations on how the Police Department can be more effective in communicating with other cultures. He stated the largest minority cultures in Brooklyn Center are: Liberian, West African, Hispanic, Hmong, and Southeast Asian. Councilmember O'Connor asked how much a parking citation is. Chief Bechthold responded he is unsure of the cost of the violations; and added that most of the issued citations are for overnight parking. 12 -913 Ordinance Update Apartment Calls for Service January - September 2005 1 2004 1 2003 l 2,826 2,951 3,167 Chief Bechthold presented a spreadsheet with detailed information on each apartment building and their calls for service. He explained the following information: Steps are taken when an apartment building reaches a high number of calls per unit. When a building reaches a monthly percentage of .35 calls per unit a letter is sent indicating their position along with an explanation of the ordinance. When a building reaches a percentage of .50, the Liaison Officers and Sector Sergeants will in most cases meet with the resident manager or owner, talk about the problem, and try to agree to a voluntary mitigation plan. By the time they reach a percentage of .65 calls per unit, there are no surprises. A great deal of discussion has taken place by the time they start provision of license procedure. Councilmember O'Connor inquired about 7018 Brooklyn Boulevard, with percentage of 1.38 per unit. Chief Bechthold responded mitigation is in place and the license renewal is due in June. 9b. RESOLUTION EXPRESSING APPRECIATION FOR MUTUAL AID ASSISTANCE PROVIDED BY THE CITY OF GOLDEN VALLEY, CITY OF EDEN PRAIRIE, CITY OF EAGAN, CITY OF ST. LOUIS PARK, AND THE CITY OF COON RAPIDS - RESOLUTION NO. 2005 -157 Mayor Kragness read the resolution Expressing Appreciation for Mutual Aid Assistance Provided by the City of Golden Valley, City of Eden Prairie, City of Eagan, City of St. Louis Park, and the City of Coon Rapids. 11/14/05 -9- Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -157 Expressing Appreciation for Mutual Aid Assistance Provided by the City of Golden Valley, City of Eden Prairie, City of Eagan, City of St. Louis Park, and the City of Coon Rapids. Councilmember O'Connor asked if we compensated these cities for their assistance and if these cities needed help, would we help them. Mr. McCauley responded all costs involved were incurred by the individual cities and if the assistance was needed of Brooklyn Center, we would provide it in the same manor as we have in the past. Motion passed unanimously. 9c. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY - RESOLUTION NO. 2005 -158 Mayor Kragness read the resolution Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the Annual Halloween Party. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -158 Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the Annual Halloween Party. Motion passed unanimously. 9d. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT AMF EARLE BROWN LANES, 6440 JAMES CIRCLE NORTH, BROOKLYN CENTER, MINNESOTA - RESOLUTION NO. 2005-159 Mr. McCauley stated the Lions would like to conduct lawful gambling and have held a license at the AMF Earle Brown Lanes for some time. Councilmember Lasman stated the Lions have contributed $212,000 from their gambling monies to the City of Brooklyn Center since 1986. Councilmember O'Connor asked Mr. McCauley for the definition of lawful gambling. Mr. McCauley responded in this case it is the sale of pull tabs. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -159 Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at AMF Earle Brown Lanes, 6440 James Circle North, Brooklyn Center, Minnesota. Motion passed unanimously. 11/14/05 -10- 9e. RESOLUTION ESTABLISHING 2006 STREET AND STORM DRAINAGE i SPECIAL ASSESSMENT RATES - RESOLUTION NO. 2005 -160 Mr. McCauley stated we have been trying to approximate having 40% of the street construction storm drainage paid for out of the special assessments as indicated in the materials prepared by Mr. Blomstrom. He explained special assessments in terms of total cost of a neighborhood street project are roughly 20% of all funding. He stated 40% is roughly a 3.3% increase, a lower increase rate than we are finding our costs of construction are increasing. Mr. Blomstrom stated the City of Brooklyn Center has a preliminary layout extending through the year 2018 that is dependent on having funding in all the funds the street reconstruction comes out of. Councilmember O'Connor asked how you pick which neighborhoods are improved next. Mr. Blomstrom responded there is a list, however many factors contribute such as underground sanitary sewer and storm drainage issues. Mr. McCauley responded the utilities have been the stronger driving factor, determining the order of repair. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -160 Establishing 2006 Street and Storm Drainage Special Assessment Rates. Motion passed unanimously. 9f. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2006 - RESOLUTION NO. 2005-161 Mr. McCauley stated the policy has been to set the rate at which we charge per person to pay for their special assessments over time, at the most recent City bond sale plus two points. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -161 Setting the Interest Rate on Special Assessments for 2006. Motion passed unanimously. 9g. RESOLUTION ESTABLISHING A PERMIT FEE FOR LAND DISTURBING ACTIVITIES - RESOLUTION NO. 2005-162 Mr. McCauley explained that at a recent meeting, the Council adopted a Land Disturbing Activities Ordinance with respect to State requirements, insuring we have a plan to deal with runoff from site to site, in order to minimize pollution from construction activities. He explained that as part of the Ordinance process, the City must require an application permit fee to disturb the land. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -162 Establishing a Permit Fee for Land Disturbing Activities. 11/14/05 -11- Motion passed unanimously. 9h. RESOLUTION AMENDING THE PERSONNEL RULES AND REGULATIONS - RESOLUTION NO. 2005-163 Mr. McCauley stated the following details of the resolution: It contains a number of separate things, some to comply with federal or state law, implement authorization previously adopted by the City Council to place new personnel policy, and to amend existing parts. The changes to Section 7.11 and 7.13 are simply to bring the policy up to date and comply with state law in regard to Election Day leave and parenting leave. Section 9.4 is to insure compliance with current federal law on COBRA. Section 9.6 incorporates the previously authorized retirement health expense account, which is where employees can take advantage of federal laws that allow them to designate certain types of compensation to help with health costs after termination of employment or retirement. There is a proposed new section, 7.43 on sick leave severance, which provides 40% payout of accumulated sick leave for employees with 25 years continuous service and hired after January 1, 1992. When the Council previously authorized the Retiree Health Savings Account in 2004, it eliminated the provision that would have paid for a retiree's single health insurance premiums for persons hired after January 1, 1992. Potential liability that has been removed by paying single retiree health insurance premiums was both hard to quantify and expensive, therefore providing a 40% rather than a 33% payout of sick leave for 25 year employees hired after January 1, 1992. In Section 12.33, the proposal is to eliminate section 12.34, which would set the reimbursement level for meals, and instead pay reimbursement to 85% of what the federal per diem rate for the given location would be. The materials included in the staff report include a typographical error of 80% instead of 85 %. Lastly, is a proposal that section 3.10 be removed and administratively direct employees on the use of technology and internet, allowing amendments as needed. Councilmember Niesen asked if the sick leave severance is standard with most government jobs. She stated she would not want to encourage employees to come in when they are sick and asked if an alternative is available. Mr. McCauley responded most likely in private industries there is undifferentiated leave as opposed to separate vacation and sick leave. He stated while negotiating with the union, most cities tend to have a payout on sick leave from 33% to an excess of 50 %. He stated sick leave severance rewards those who use the sick time as it should be used and differentiates those who rarely use sick time, and those who use it all. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -163 Amending the Personnel Rules and Regulations. Councilmember O'Connor asked if the City contributes to retiree health benefits to any of its employees. Mr. McCauley responded a retiree health savings account is available, allowing them to take things they otherwise get, and apply it towards their savings. He stated other than the benefits to those who have 25 years of service; the City is taking benefits they already get and giving them the option to put it pretax into a retiree health savings account. There are no extra benefits; however the City does not have to pay certain taxes on the money, if the employee is putting it into a savings account. He stated this program is not required; however if you are in a bargaining unit, your bargaining unit would negotiate for you and the whole group would 11/14/05 -12- i participate. He explained that once you make the election, under federal law, it can not be changed. Motion passed unanimously. 9i. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN - RESOLUTION NO. 2005 -164 Mr. McCauley stated this authorizes an agreement with Local 49, allowing an amendment to allow them to participate in post employment savings and memorandum of understanding whereby at the time of separation 40% of accumulated sick leave will be paid into the health care savings account. He explained that currently, the money is set aside to pay for the eventual payment of accumulated sick leave. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005 -164 Approving the Memorandum of Understanding for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Post Employment Health Care Savings Plan. Motion passed unanimously. 9j. RESOLUTION APPROVING THE ADDENDUM FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2006 - RESOLUTION NO. 2005 -165 Mr. McCauley stated negotiations have taken place with Local 86, representing Police Sergeants and Lieutenants entered in a two year agreement with the union, with an opener as to the wages for Sergeants for 2006. He stated with the contract approved last year, the Lieutenants were below the average, so an increase of 3% plus $45.00 per month was given for 2005 and the same in 2006. He explained that in regard to the Sergeants wages, there was not enough comparison information on whether we are on target for their salaries. He stated with the 2005 salary comparison, with Roseville being adjusted based on an expected 3 %, our Sergeants are $36.00 below the average of comparable cities. He stated the proposed addendum would increase the 2005 wages by 3 %, similar to the Lieutenants, and would add the $36.00 of which we were below the average in 2005, still being a few dollars below the average in 2006. Councilmember Carmody asked if Roseville has set on the increase for 2005. Mr. McCauley responded no they have agreed to the 2005 wages. He stated the City of Crystal provides longevity to its Sergeants. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -165 Approving the Addendum for Law Enforcement Labor Services 11/14/05 -13- (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2006. Councilmember O'Connor asked if the salaries are monthly and what the Lieutenants are paid. Mr. McCauley responded the salaries are shown as monthly, Sergeants annual wages are $72,000 and Lieutenants are higher. Motion passed unanimously. 9k. PARK AND RECREATION COMMISSION RECOMMENDATION — COMMUNITY CENTER MEMBERSHIP DEFINITIONS Mr. McCauley stated the issue was raised by the City Council with respect to Community Center memberships, particularly family membership verses household membership. He stated Staff and the Park and Recreation Commission have worked towards having an individual, dual, and household membership, as not to inquire of relationships. He stated this item is only to report back to the Council unless there are some concerns. Mayor Kragness stated this makes sense and it will answer previously raised questions. Councilmember Lasman stated the Park and Recreation Commission and Staff have done a great job with the amendment, however she is concerned with the senior discount only available to couples who are both over the age of 62. She stated if one spouse is 62 years of age, the senior discount should apply to both members. She stated there is not a large financial impact for the City and it would make the senior citizens feel more welcomed. Mayor Kragness responded that some couples may be many years apart; therefore it would not be fair to grant the discount to both members. Councilmember Carmody responded senior citizens use the center a lot and the difference is not much to ask. Councilmember Niesen stated it is a fair way to work it. She stated disagreement with the definition of household memberships and the household + membership. She stated the wording "over 5" should be revised to read "dependents over the number five." Mr. McCauley responded the language will be clarified before it is printed. Councilmember Lasman moved and Councilmember Carmody seconded to receive the report- Recreation Commission Recommendation — Community Center Membership Definitions. Motion passed unanimously. 91. REPORT — ADOPT -A- GARDEN GUIDELINES Mr. McCauley stated the following: Recreation Staff, Public Works Staff, and the Park and Recreation Commission have spent some time reviewing this program. The basic program has the use of organic materials and allows for a limited class of patriotic displays in conjunction with national holidays. Clear guidelines have been established to guild people to adopt -a- garden. There is a lot of language, mostly dealing with how to sign up, set up, and how the program works. The basic issues are addressed such as: you may put an American flag, bald eagle, a star, 11/14/05 -14- I or a red white or blue ribbon on the plantings, two weeks before and not more than a week after a recognized national holiday. Councilmember Carmody asked why the materials are addressed to Public Works and not Mr. Glasoe. Mr. McCauley responded by explaining that the Public Works Department will be coordinating the program, for example helping participants transport heavy materials to the site. Councilmember Carmody pointed out a typographical error on page two, paragraph two of: "pre opposed" instead of "pre approved." Mr. McCauley responded the correction will be made. Councilmember Niesen stated the adopt -a- garden program is a wonderful idea and will beautify the community. 9m. RESOLUTIONS CALLING FOR PUBLIC HEARING ON ISSUANCE OF CONDUIT BONDS 1. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF A HEALTH CARE FACILITIES REVENUE NOTE AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING - RESOLUTION NO. 2005-166 2. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF A HOUSING REVENUE NOTE TO FINANCE A MULTIFAMILY HOUSING PROJECT PURSUANT TO MINNESOTA LAW, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING - RESOLUTION NO. 2005 -167 Mr. McCauley stated a request was received from Presbyterian Homes to set a date of hearing on a request to issue Conduit Bonds with respect to the Maranatha Conservative Baptist Home Inc. property in Brooklyn Center. He stated at this point the information is the request to set the date of hearing, which would be at bare cost with respect to publication. He stated they are asking that the City Council set the date of hearing, and at that time, Presbyterian Homes will have more materials and make a presentation on what they are proposing to do with the issuance of Conduit Bonds. Steven Fenlan, Midwest Healthcare Capital stated the following: The purchase price is $6,250,000; the tax exempt financing amount is $6.4 million. Maranatha as an independent non- profit organization has struggled for an extended period of time and the Board of Directors felt that an affiliation with a stronger organization would be helpful to its cause. They have looked at this sector as one they would like to have more involvement in. Being one of the largest non - profit providers of senior housing in Minnesota, Presbyterian Homes has had great success with this type of venture in the past. The only way they can access tax exempt financing is with a political subdivision that has the jurisdiction over issuing the bonds in a conduit perspective. Mayor Kragness asked if the hearing date will be December 12, 2005. Mr. Fenlan responded yes I 11/14/05 -15- and requested that this item be added to the earlier part of the agenda because his presence is required at another City Council meeting. Councilmember O'Connor stated non profit organizations can take care of their own building and loans, therefore she will vote against the proposal. Councilmember Lasman stated she will approve as long as the City has no financial obligation. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -166 Calling for a Public Hearing on the Issuance of a Health Care Facilities Revenue Note and Authorizing the Publication of a Notice of the Hearing and RESOLUTION NO. 2005 -167 Calling for a Public Hearing on a Proposal for a Housing Finance Program and the Issuance of a Housing Finance Program and the Issuance of a Housing Revenue Note to Finance a Multifamily Housing Project Pursuant to Minnesota Law, and Authorizing the Publication of a Notice of the Hearing. Councilmember O'Connor voted against the same. Motion passed. 9n. (FORMERLY CONSENT AGENDA ITEM NO. 7A.2) LICENSES Councilmember O'Connor asked why the word initial appears above the names, particularly Center Pointe Apartments. Mr. McCauley responded he is not sure why the word initial appears. He explained that even though some on the list may have a high number of calls, they are still up for approval; however the establishment will remain under scrutiny. Councilmember Niesen asked if a new license is required when the property changes hands. Mr. McCauley responded yes, a new license is required for each owner. Councilmember Carmody moved and Councilmember Lasman seconded to approve the following list of licenses: CHRISTMAS TREE SALES PQT Company 3245 Bass Lake Road PQT Company 5040 Brooklyn Boulevard COMMERCIAL KENNEL Gentle Touch Animal Sanctuary 4900 France Ave N MECHANICAL All Stall 2020 Margaret Street, N. St. Paul Brooklyn Aire Heating & Cooling 8862 Zealand Ave N, Brooklyn Park E A H Schmidt & Assoc. Inc. 8245 Winpark Dr, New Hope 11/14/05 -16- I RENTAL Renewal: Ryan Lake Apartments, 3401 -13 47 Ave N Clover Management 1201 57 Ave N Ed Doll 5444 Bryant Ave N Ralph Johnson 5843 Fremont Ave N D & J Properties 5701 James Ave N Victor Shkaberin 6406 Kyle Ave N Oluyemisi Olatrju 4220 Lakeside Ave N Richard Arntson 4811 Lakeview Ave N Diane Krenz 6706 Scott Ave N Tina Langhans Initial: Center Pointe Apartments, 2800 -2940 Northway Hyder Jaweed 300062 nd Ave N Dan Soffa 5348 70 Circle North Nicholas Antwi 5700 Camden Avenue N Timothy Johnson 5307 Howe Lane Jose Villagrana SIGNHANGER Signation Sign Group 6840 Shingle Creek Pkwy #31, Brooklyn Center Signs by RSG 6160 Green Valley Road, Ramsey Metro Sign Services, LLC 9223 Annapolis Lane, Maple Grove TAXICAB Provenience, LLC 1784 19 Ave NW, New Brighton Motion passed unanimously. 90. (FORMERLY CONSENT AGENDA ITEM NO. 7C) RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03 AND 04, CONTRACT 2005 -A, LIONS PARK SOUTH AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS - RESOLUTION NO. 2005-168 Councilmember O'Connor asked how the water main broke as indicated in the second paragraph. Mr. Blomstrom responded it broke because of unstable soil and pilings. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005 -168 Approving Change Order No. 1, Improvement Project Nos. 2005- 01, 02, 03 and 04, Contract 2005 -A, Lions Park South Area Neighborhood Street and Utility Improvements. 11/14/05 -17- Motion passed unanimously. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 9:35 p.m. Motion passed unanimously. 7� City Clerk Q Mayor 11/14/05 -18-